Legal Opinion

Miller v. Cushman

Supreme Court of Vermont

Decided February 15, 1866PublishedCited by 6 opinions

Action of replevin, in which a bond was. filed and returned with the writ. The defendant filed a motion to dismiss the action, at the September Term, 1864, Barrett, J. presiding, on the ground that it did not appear that the writ had been served as required by law. The motion was overruled, and the cause continued for pleadings and further proceedings in due course. The defendant excepted to the judgment of the court in overruling said motion.

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Action of replevin, in which a bond was. filed and returned with the writ. The defendant filed a motion to dismiss the action, at the September Term, 1864, Barrett, J. presiding, on the ground that it did not appear that the writ had been served as required by law. The motion was overruled, and the cause continued for pleadings and further proceedings in due course. The defendant excepted to the judgment of the court in overruling said motion. The writ is replevin in the common form, commanding the sheriff to replevy “ one buggy wagon belonging unto William Miller, of Wilmington, in said…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J. I.

a. The fair construction of the officer’s return would •place the appraisal and giving of the bond, as they should be, subsequent to the taking of the property from the defendant and prior to its delivery to the plaintiff. This is clear from the order of statement. The word “ replevied” at the beginning of the return is evidently not used in a technical sense, which would include both the taking and also the delivery, which is mentioned at the last of the return ; but it is used with reference to the taking only. We see no objection to the…

2Cases cited1 opinion

  1. Henry v. TilsonSupreme Court of Vermont · 1847

3Cited by6 opinions

  1. Bagley v. CooperSupreme Court of Vermont · 1916
  2. Bent v. BentSupreme Court of Vermont · 1870
  3. Halliwell v. Trans-States Finance Corp.Supreme Court of New Jersey · 1922
  4. Murphy v. PuntSupreme Court of Vermont · 1935
  5. Chalmers v. McAuleySupreme Court of Vermont · 1895

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